Senate File 342 S-3208 Amend the House amendment, S-3158, to Senate File 342, as 1 passed by the Senate, as follows: 2 1. By striking page 1, line 1, through page 33, line 1, and 3 inserting: 4 < Amend Senate File 342 as follows: 5 1. By striking everything after the enacting clause and 6 inserting: 7 < DIVISION I 8 PUBLIC RECORDS —— COMMUNICATIONS IN PROFESSIONAL CONFIDENCE 9 Section 1. Section 9E.1, Code 2021, is amended to read as 10 follows: 11 9E.1 Purpose. 12 The general assembly finds that individuals attempting to 13 escape from actual or threatened domestic abuse, domestic 14 abuse assault, sexual abuse, assault, stalking, or human 15 trafficking frequently establish new addresses in order to 16 prevent their assailants or probable assailants from finding 17 them. The purpose of this chapter is to enable state and local 18 agencies to respond to requests for data without disclosing 19 the location of a victim of domestic abuse, domestic abuse 20 assault, sexual abuse, assault, stalking, or human trafficking; 21 to enable interagency cooperation with the secretary of state 22 in providing address confidentiality for victims of domestic 23 abuse, domestic abuse assault, sexual abuse, assault, stalking, 24 or human trafficking; and to enable program participants to use 25 an address designated by the secretary of state as a substitute 26 mailing address for the purposes specified in this chapter . 27 In addition, the purpose of this chapter is to prevent such 28 victims from being physically located through a public records 29 search. 30 Sec. 2. Section 9E.2, subsection 6, paragraph a, Code 2021, 31 is amended to read as follows: 32 a. “Eligible person” means a person who is all a resident of 33 this state, an adult, a minor, or an incapacitated person as 34 defined in section 633.701, and is one of the following: 35 -1- S 3158.2479 (3) 89 as/rh 1/ 35 #1.

(1) A resident of this state. 1 (2) An adult, a minor, or an incapacitated person as defined 2 in section 633.701 . 3 (3) A victim of domestic abuse, domestic abuse assault, 4 sexual abuse, assault, stalking, or human trafficking as 5 evidenced by the filing of a petition pursuant to section 236.3 6 or a criminal complaint or information pursuant to section 7 708.1, 708.2A , 708.11 , or 710A.2 , or any violation contained 8 in chapter 709 . 9 (2) A currently active or retired state or local judicial 10 officer, as defined in section 4.1, a federal judge, or a 11 spouse or child of such a person. 12 (3) A currently active or retired state or local prosecuting 13 attorney, as defined in section 801.4, or a spouse or child of 14 such a person. 15 (4) A currently active or retired peace officer, as defined 16 in section 801.4, civilian employee of a law enforcement 17 agency, or a spouse or child of such a person. 18 Sec. 3. Section 9E.3, subsection 1, paragraph b, 19 subparagraph (1), subparagraph division (a), Code 2021, is 20 amended to read as follows: 21 (a) The eligible person listed on the application is a 22 victim of domestic abuse, domestic abuse assault, sexual abuse, 23 assault, stalking, or human trafficking. 24 Sec. 4. Section 9E.3, subsection 1, paragraph e, Code 2021, 25 is amended to read as follows: 26 e. The residential address of the eligible person, 27 disclosure of which could lead to an increased risk of domestic 28 abuse, domestic abuse assault, sexual abuse, assault, stalking, 29 or human trafficking. 30 Sec. 5. Section 9E.7, Code 2021, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 4A. Upon request by a program participant, 33 the assessor or the assessor’s staff shall redact the 34 requestor’s name contained in electronic documents that 35 -2- S 3158.2479 (3) 89 as/rh 2/ 35

are displayed for public access through an internet site. 1 The assessor shall implement and maintain a process to 2 facilitate these requests. A fee shall not be charged for the 3 administration of this paragraph. 4 Sec. 6. Section 22.10, subsection 3, paragraph b, 5 subparagraph (2), Code 2021, is amended to read as follows: 6 (2) Had good reason to believe and in good faith believed 7 facts which, if true, would have indicated compliance with the 8 requirements of this chapter . It shall constitute such good 9 reason and good faith belief and a court shall not assess any 10 damages, costs, or fees under this subsection if the person 11 incorrectly balanced the right of the public to receive public 12 records against the rights and obligations of the government 13 body to maintain confidential records as provided in section 14 22.7 under any judicially created balancing test, unless the 15 person is unable to articulate any reasonable basis for such 16 balancing. 17 Sec. 7. Section 331.604, subsection 3, Code 2021, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . f. (1) Upon request by a peace officer, 20 as defined in section 801.4, civilian employee of a law 21 enforcement agency, or state or federal judicial officer 22 or state or federal prosecutor, the county assessor or the 23 county assessor’s staff, or the county recorder or the county 24 recorder’s staff, shall redact the requestor’s name contained 25 in electronic documents that are displayed for public access 26 through an internet site. 27 (2) Upon request by a former peace officer, as defined 28 in section 801.4, or a former civilian employee of a law 29 enforcement agency, the county assessor or the county 30 assessor’s staff, or the county recorder or the county 31 recorder’s staff, may redact, upon the presentation of evidence 32 that a compelling safety interest is served by doing so, the 33 requestor’s name contained in electronic documents that are 34 displayed for public access through an internet site. 35 -3- S 3158.2479 (3) 89 as/rh 3/ 35

(3) This paragraph does not apply to a requestor holding or 1 seeking public office. 2 (4) The county assessor and the county recorder shall 3 implement and maintain a process to facilitate requests 4 pursuant to this paragraph. 5 (5) A fee shall not be charged for the administration of 6 this paragraph. 7 Sec. 8. Section 622.10, subsection 9, paragraphs a and b, 8 Code 2021, are amended to read as follows: 9 a. A peer support group counselor or individual present 10 for a group crisis intervention who obtains information from 11 an officer or a civilian employee of a law enforcement agency 12 or fire department by reason of the counselor’s capacity as a 13 peer support group counselor or an individual’s presence for 14 a group crisis intervention shall not be allowed, in giving 15 testimony, to disclose any confidential communication properly 16 entrusted to the counselor or individual present for a group 17 crisis intervention by the officer or civilian employee while 18 receiving counseling or group crisis intervention . 19 b. The prohibition in this subsection does not apply 20 where the officer or civilian employee has consented to the 21 disclosure of the information specified in paragraph “a” or 22 where the peer support group counselor or individual present 23 for a group crisis intervention was an initial responding 24 officer, a witness, or a party to the incident which prompted 25 the delivery of peer support group counseling services or the 26 group crisis intervention to the officer or civilian employee . 27 DIVISION II 28 UNIFORM COMMERCIAL CODE —— FRAUDULENT FILINGS 29 Sec. 9. Section 554.9510, subsection 1, Code 2021, is 30 amended to read as follows: 31 1. Filed record effective if authorized. A filed record 32 is effective only to the extent that it was filed by a person 33 that may file it under section 554.9509 or by the filing office 34 under section 554.9513A . 35 -4- S 3158.2479 (3) 89 as/rh 4/ 35

Sec. 10. NEW SECTION . 554.9513A Termination of wrongfully 1 filed financing statement —— reinstatement. 2 1. Trusted filer. “Trusted filer” means a person that does 3 any of the following: 4 a. Regularly causes records to be communicated to the 5 filing office for filing and has provided the filing office 6 with current contact information and information sufficient to 7 establish the person’s identity. 8 b. Satisfies either of the following conditions: 9 (1) The filing office has issued the person credentials for 10 access to online filing services. 11 (2) The person has established a prepaid or direct debit 12 account for payment of filing fees, regardless of whether the 13 account is used in a particular transaction. 14 2. Affidavit of wrongful filing. A person identified as 15 debtor in a filed financing statement may deliver to the 16 filing office a notarized, sworn affidavit that identifies the 17 financing statement by file number, indicates the affiant’s 18 mailing address, and states that the affiant believes that 19 the filed record identifying the affiant as debtor was not 20 authorized to be filed and was caused to be communicated to the 21 filing office with the intent to harass or defraud the affiant. 22 The filing office may reject an affidavit that is incomplete or 23 that it believes was delivered to it with the intent to harass 24 or defraud the secured party. The office of the secretary 25 of state shall adopt a form of affidavit for use under this 26 section. 27 3. Termination statement by filing office. Subject to 28 subsection 11, if an affidavit is delivered to the filing 29 office under subsection 2, the filing office shall promptly 30 file a termination statement with respect to the financing 31 statement identified in the affidavit. The termination 32 statement must identify by its file number the initial 33 financing statement to which it relates and must indicate that 34 it was filed pursuant to this section. A termination statement 35 -5- S 3158.2479 (3) 89 as/rh 5/ 35

filed under this subsection is not effective until ninety days 1 after it is filed. 2 4. No fee charged or refunded. The filing office shall not 3 charge a fee for the filing of an affidavit under subsection 4 2 or a termination statement under subsection 3. The filing 5 office shall not return any fee paid for filing the financing 6 statement identified in the affidavit, whether or not the 7 financing statement is reinstated under subsection 7. 8 5. Notice of termination statement. On the same day that a 9 filing office files a termination statement under subsection 10 3, the filing office shall send to the secured party of record 11 for the financing statement to which the termination statement 12 relates a notice stating that the termination statement 13 has been filed and will become effective ninety days after 14 filing. The notice shall be sent by certified mail, return 15 receipt requested, to the address provided for the secured 16 party of record in the financing statement with a copy sent by 17 electronic mail to the electronic mail address provided by the 18 secured party of record, if any. 19 6. Administrative review —— action for reinstatement. A 20 secured party that believes in good faith that the filed record 21 identified in an affidavit delivered to the filing office under 22 subsection 2 was authorized to be filed and was not caused to 23 be communicated to the filing office with the intent to harass 24 or defraud the affiant may: 25 a. Before the termination statement takes effect, request 26 that the filing office conduct an expedited review of the 27 filed record and any documentation provided by the secured 28 party. The filing office may as a result of this review remove 29 from the record the termination statement filed by it under 30 subsection 3 before the termination statement takes effect and 31 conduct an administrative review under subsection 11. 32 b. File an action against the filing office seeking 33 reinstatement of the financing statement to which the filed 34 record relates at any time before the expiration of six months 35 -6- S 3158.2479 (3) 89 as/rh 6/ 35

after the date on which the termination statement filed under 1 subsection 3 becomes effective. If the affiant is not named as 2 a defendant in the action, the secured party shall send a copy 3 of the petition to the affiant at the address indicated in the 4 affidavit. The exclusive venue for the action shall be in the 5 district court for the county where the filing office in which 6 the financing statement was filed is located. The action shall 7 be considered by the court on an expedited basis. 8 7. Filing office to file notice of action for 9 reinstatement. Within ten days after being served with process 10 in an action under subsection 6, the filing office shall file 11 a notice indicating that the action has been commenced. The 12 notice must indicate the file number of the initial financing 13 statement to which the notice relates. 14 8. Action for reinstatement successful. If, in an action 15 under subsection 6, the court determines that the financing 16 statement was authorized to be filed and was not caused to be 17 communicated to the filing office with the intent to harass or 18 defraud the affiant, the court shall order that the financing 19 statement be reinstated. If an order of reinstatement is 20 issued by the court, the filing office shall promptly file a 21 record that identifies by its file number the initial financing 22 statement to which the record relates and indicates that the 23 financing statement has been reinstated. 24 9. Effect of reinstatement. Upon the filing of a record 25 reinstating a financing statement under subsection 8, the 26 effectiveness of the financing statement is reinstated and the 27 financing statement shall be considered never to have been 28 terminated under this section except as against a purchaser of 29 the collateral that gives value in reasonable reliance upon 30 the termination. A continuation statement filed as provided 31 in section 554.9515, subsection 4, after the effective date of 32 a termination statement filed under subsection 3 or 11 becomes 33 effective if the financing statement is reinstated. 34 10. Liability for wrongful filing. If, in an action under 35 -7- S 3158.2479 (3) 89 as/rh 7/ 35

subsection 6, the court determines that the filed record 1 identified in an affidavit delivered to the filing office under 2 subsection 2 was caused to be communicated to the filing office 3 with the intent to harass or defraud the affiant, the filing 4 office and the affiant may recover from the secured party that 5 filed the action the costs and expenses, including reasonable 6 attorney fees and the reasonable allocated costs of internal 7 counsel, that the filing office and the affiant incurred in the 8 action. This recovery is in addition to any recovery to which 9 the affiant is entitled under section 554.9625. 10 11. Procedure for record filed by trusted filer. If an 11 affidavit delivered to a filing office under subsection 2 12 relates to a filed record communicated to the filing office by 13 a trusted filer, the filing office shall promptly send to the 14 secured party of record a notice stating that the affidavit has 15 been delivered to the filing office and that the filing office 16 is conducting an administrative review to determine whether the 17 record was caused to be communicated with the intent to harass 18 or defraud the affiant. The notice shall be sent by certified 19 mail, return receipt requested, to the address provided for 20 the secured party in the financing statement with a copy sent 21 by electronic mail to the electronic mail address provided 22 by the secured party of record, if any, and a copy shall be 23 sent in the same manner to the affiant. The administrative 24 review shall be conducted on an expedited basis and the filing 25 office may require the affiant and the secured party of record 26 to provide any additional information that the filing office 27 deems appropriate. If the filing office concludes that the 28 record was caused to be communicated with the intent to harass 29 or defraud the affiant, the filing office shall promptly file a 30 termination statement under subsection 2 that will be effective 31 immediately and send to the secured party of record the notice 32 required by subsection 5. The secured party may thereafter 33 file an action for reinstatement under subsection 6 and the 34 provisions of subsections 7 through 10 are applicable. 35 -8- S 3158.2479 (3) 89 as/rh 8/ 35

Sec. 11. NEW SECTION . 714.29 Records filed with intent to 1 harass or defraud. 2 1. A person shall not cause to be communicated to the filing 3 office as defined in section 554.9102 for filing a record if 4 all of the following are true: 5 a. The person is not authorized to file the record under 6 section 554.9509. 7 b. The record is not related to an existing or anticipated 8 transaction that is or will be governed by chapter 554, article 9 9. 10 c. The record is filed with the intent to harass or defraud 11 the person identified as debtor in the record. 12 2. A person that violates subsection 1 is guilty of a simple 13 misdemeanor for a first offense and a serious misdemeanor for a 14 second or subsequent offense. 15 DIVISION III 16 QUALIFIED IMMUNITY 17 Sec. 12. NEW SECTION . 669.14A Qualified immunity. 18 1. Notwithstanding any other provision of law, an employee 19 of the state subject to a claim brought under this chapter 20 shall not be liable for monetary damages if any of the 21 following apply: 22 a. The right, privilege, or immunity secured by law was not 23 clearly established at the time of the alleged deprivation, 24 or at the time of the alleged deprivation the state of the 25 law was not sufficiently clear that every reasonable employee 26 would have understood that the conduct alleged constituted a 27 violation of law. 28 b. A court of competent jurisdiction has issued a final 29 decision on the merits holding, without reversal, vacatur, or 30 preemption, that the specific conduct alleged to be unlawful 31 was consistent with the law. 32 2. The state or a state agency shall not be liable for 33 any claim brought under this chapter where the employee 34 was determined to be protected by qualified immunity under 35 -9- S 3158.2479 (3) 89 as/rh 9/ 35

subsection 1. 1 3. A plaintiff who brings a claim under this chapter 2 alleging a violation of the law must state with particularity 3 the circumstances constituting the violation and that the law 4 was clearly established at the time of the alleged violation. 5 Failure to plead a plausible violation or failure to plead that 6 the law was clearly established at the time of the alleged 7 violation shall result in dismissal with prejudice. 8 4. Any decision by the district court denying qualified 9 immunity shall be immediately appealable. 10 5. This section shall apply in addition to any other 11 statutory or common law immunity. 12 Sec. 13. NEW SECTION . 669.26 Money damages —— nonwaiver 13 of rights. 14 This chapter shall not be construed to be a waiver of 15 sovereign immunity for a claim for money damages under the 16 Constitution of the State of Iowa. 17 Sec. 14. NEW SECTION . 670.4A Qualified immunity. 18 1. Notwithstanding any other provision of law, an employee 19 or officer subject to a claim brought under this chapter shall 20 not be liable for monetary damages if any of the following 21 apply: 22 a. The right, privilege, or immunity secured by law was not 23 clearly established at the time of the alleged deprivation, 24 or at the time of the alleged deprivation the state of the 25 law was not sufficiently clear that every reasonable employee 26 would have understood that the conduct alleged constituted a 27 violation of law. 28 b. A court of competent jurisdiction has issued a final 29 decision on the merits holding, without reversal, vacatur, or 30 preemption, that the specific conduct alleged to be unlawful 31 was consistent with the law. 32 2. A municipality shall not be liable for any claim brought 33 under this chapter where the employee or officer was determined 34 to be protected by qualified immunity under subsection 1. 35 -10- S 3158.2479 (3) 89 as/rh 10/ 35

3. A plaintiff who brings a claim under this chapter 1 alleging a violation of the law must state with particularity 2 the circumstances constituting the violation and that the law 3 was clearly established at the time of the alleged violation. 4 Failure to plead a plausible violation or failure to plead that 5 the law was clearly established at the time of the alleged 6 violation shall result in dismissal with prejudice. 7 4. Any decision by the district court denying qualified 8 immunity shall be immediately appealable. 9 5. This section shall apply in addition to any other 10 statutory or common law immunity. 11 Sec. 15. NEW SECTION . 670.14 Money damages —— nonwaiver 12 of rights. 13 This chapter shall not be construed to be a waiver of 14 sovereign immunity for a claim for money damages under the 15 Constitution of the State of Iowa. 16 Sec. 16. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 DIVISION IV 19 PEACE OFFICER, PUBLIC SAFETY, AND EMERGENCY PERSONNEL BILL OF 20 RIGHTS 21 Sec. 17. Section 80F.1, subsection 1, paragraph a, Code 22 2021, is amended to read as follows: 23 a. “Complaint” means a formal written allegation signed 24 by the complainant or a signed written statement by an 25 officer receiving an oral complaint stating the complainant’s 26 allegation. 27 Sec. 18. Section 80F.1, subsections 3, 5, 8, 9, 13, and 18, 28 Code 2021, are amended to read as follows: 29 3. A formal administrative investigation of an officer 30 shall be commenced and completed in a reasonable period of time 31 and an . An officer shall be immediately notified in writing 32 of the results of the investigation when the investigation is 33 completed. 34 5. An officer who is the subject of a complaint, shall at a 35 -11- S 3158.2479 (3) 89 as/rh 11/ 35

minimum, be provided a written summary of the complaint prior 1 to an interview. If a collective bargaining agreement applies, 2 the complaint or written summary shall be provided pursuant 3 to the procedures established under the collective bargaining 4 agreement. If the complaint alleges domestic abuse, sexual 5 abuse, workplace harassment, or sexual harassment, an officer 6 shall not receive more than a written summary of the complaint. 7 8. a. The officer shall have the right to have the 8 assistance of legal counsel present , at the officer’s expense, 9 during the interview of the officer and during hearings or 10 other disciplinary or administrative proceedings relating 11 to the complaint . In addition, the officer shall have the 12 right, at the officer’s expense, to have a union representative 13 present during the interview or, if not a member of a union, 14 the officer shall have the right to have a designee present. 15 b. The officer’s legal counsel, union representative, or 16 employee representative shall not be compelled to disclose in 17 any judicial proceeding, nor be subject to any investigation 18 or punitive action for refusing to disclose, any information 19 received from an officer under investigation or from an 20 agent of the officer, so long as the officer or agent of the 21 officer is an uninvolved party and not considered a witness 22 to any incident. The officer’s legal counsel may coordinate 23 and communicate in confidence with the officer’s designated 24 union representative or employee representative, and such 25 communications are not subject to discovery in any proceeding. 26 9. If a formal administrative investigation results in 27 the removal, discharge, or suspension, or other disciplinary 28 action against an officer, copies of any witness statements 29 and the complete investigative agency’s report shall be timely 30 provided to the officer upon the request of the officer or the 31 officer’s legal counsel upon request at the completion of the 32 investigation . 33 13. An officer shall have the right to pursue civil remedies 34 under the law bring a cause of action against a citizen any 35 -12- S 3158.2479 (3) 89 as/rh 12/ 35

person, group of persons, organization, or corporation for 1 damages arising from the filing of a false complaint against 2 the officer or any other violation of this chapter including 3 but not limited to actual damages, court costs, and reasonable 4 attorney fees . 5 18. A municipality, county, or state agency employing 6 an officer shall not publicly release the officer’s official 7 photograph without the written permission of the officer or 8 without a request to release pursuant to chapter 22 . An 9 officer’s personal information including but not limited to the 10 officer’s home address, personal telephone number, personal 11 electronic mail address, date of birth, social security number, 12 and driver’s license number shall be confidential and shall be 13 redacted from any record prior to the record’s release to the 14 public by the employing agency. Nothing in this subsection 15 prohibits the release of an officer’s photograph or unredacted 16 personal information to the officer’s legal counsel, union 17 representative, or designated employee representative upon the 18 officer’s request. 19 Sec. 19. Section 80F.1, Code 2021, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 20. The employing agency shall keep 22 an officer’s statement, recordings, or transcripts of any 23 interviews or disciplinary proceedings, and any complaints 24 made against an officer confidential unless otherwise provided 25 by law or with the officer’s written consent. Nothing in 26 this section prohibits the release of an officer’s statement, 27 recordings, or transcripts of any interviews or disciplinary 28 proceedings, and any complaints made against an officer to 29 the officer or the officer’s legal counsel upon the officer’s 30 request. 31 NEW SUBSECTION . 21. An agency employing full-time or 32 part-time officers shall provide training to any officer or 33 supervisor who performs or supervises an investigation under 34 this section, and shall maintain documentation of any training 35 -13- S 3158.2479 (3) 89 as/rh 13/ 35

related to this section. The Iowa law enforcement academy 1 shall adopt minimum training standards not inconsistent with 2 this subsection, including training standards concerning 3 interviewing an officer subject to a complaint. 4 NEW SUBSECTION . 22. Upon written request, the employing 5 agency shall provide to the requesting officer or the officer’s 6 legal counsel a copy of the officer’s personnel file and 7 training records regardless of whether the officer is subject 8 to a formal administrative investigation at the time of the 9 request. 10 DIVISION V 11 OFFICER DISCIPLINARY ACTIONS 12 Sec. 20. Section 80F.1, Code 2021, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 23. a. An officer shall not be discharged, 15 disciplined, or threatened with discharge or discipline by a 16 state, county, or municipal law enforcement agency solely due 17 to a prosecuting attorney making a determination or disclosure 18 that exculpatory evidence exists concerning the officer. 19 b. This subsection does not prohibit a law enforcement 20 agency from dismissing, suspending, demoting, or taking other 21 disciplinary actions against an officer based on the underlying 22 actions that resulted in the exculpatory evidence being 23 withheld. If a collective bargaining agreement applies, the 24 actions taken by the law enforcement agency shall conform to 25 the rules and procedures adopted by the collective bargaining 26 agreement. 27 c. This subsection is repealed July 1, 2022. 28 Sec. 21. BRADY-GIGLIO LIST INTERIM COMMITTEE. 29 1. The legislative council is requested to establish a 30 Brady-Giglio list interim committee for the 2021 interim. The 31 purpose of the committee shall be to do all of the following: 32 a. Study the disclosure of information contained in officer 33 personnel files as such information relates to a Brady-Giglio 34 list. 35 -14- S 3158.2479 (3) 89 as/rh 14/ 35

b. Study the efficiency of implementing a statewide system 1 for a Brady-Giglio list, identifying impartial entities to 2 conduct investigations pertaining to an officer’s acts or 3 omissions to act, and recommending the appropriate procedures, 4 due process protections, appeal rights, and criteria for the 5 placement and removal of an officer’s name on and from a 6 Brady-Giglio list. 7 c. Study any other issues that the committee determines 8 relevant to its objective. The committee may solicit the 9 advice or testimony of any organization or individual with 10 information or expertise relevant to the purpose of the 11 committee. 12 2. The committee shall consist of three members of the 13 senate appointed by the majority leader of the senate, two 14 members of the senate appointed by the minority leader of 15 the senate, three members of the house of representatives 16 appointed by the speaker of the house of representatives, 17 and two members of the house of representatives appointed 18 by the minority leader of the house of representatives. 19 Additional committee members shall include the commissioner 20 of the department of public safety or the commissioner’s 21 designee, a district court judge appointed by the supreme 22 court, two representatives from the Iowa sheriffs and deputies 23 association, and one representative from each of the following: 24 the Iowa county attorneys association, the Iowa police chiefs 25 association, the Iowa state police association, the Iowa peace 26 officers association, the Iowa fraternal order of police, 27 the Iowa professional fire fighters, the Iowa state troopers 28 association, and the Iowa state patrol supervisors association. 29 The Iowa sheriffs and deputies association members shall 30 include an officer in a supervisory position and an officer who 31 does not hold rank. 32 3. The committee shall elect a chairperson from the members 33 appointed. 34 4. The committee shall issue a report, including findings 35 -15- S 3158.2479 (3) 89 as/rh 15/ 35

and recommendations, to the governor and the general assembly 1 no later than December 16, 2021. 2 5. For the purposes of this section, “Brady-Giglio list” 3 means a list of officers maintained by the county attorney’s 4 office, including officers who may not have disclosed all 5 impeachment information and officers who may have violated the 6 pretrial discovery rule requiring officers to turn over all 7 evidence that might be used to exonerate a defendant. 8 DIVISION VI 9 PEACE OFFICERS —— HEALTH PLAN 10 Sec. 22. NEW SECTION . 80.6A Peace officers —— health 11 insurance. 12 1. a. Notwithstanding any provision to the contrary, peace 13 officers employed within the department that are not covered 14 under a collective bargaining agreement who were at any time 15 eligible to be enrolled in the group health insurance plan 16 that is negotiated under chapter 20 between the state and the 17 state police officers council labor union and who elect to 18 participate in a group health insurance plan provided by the 19 state, shall only be permitted to participate in the group 20 health insurance plan that is negotiated under chapter 20 21 between the state and the state police officers council labor 22 union for peace officers subject to the requirements of this 23 subsection. In addition, a peace officer who was covered under 24 a collective bargaining agreement and who becomes a manager 25 or supervisor and is no longer covered by the agreement shall 26 not lose group health insurance benefits as provided by the 27 agreement. 28 b. Notwithstanding any provision to the contrary, beginning 29 January 1, 2021, a peace officer or surviving spouse who is 30 participating in a group health insurance plan shall have the 31 option, upon retirement or approval for death benefits for an 32 eligible surviving spouse, to participate in the group health 33 insurance plan that is negotiated under chapter 20 between 34 the state and the state police officers council labor union 35 -16- S 3158.2479 (3) 89 as/rh 16/ 35

pursuant to section 509A.13 subject to the requirements of this 1 section. 2 2. The department shall be authorized to retain any savings 3 to the department for peace officers participating in the group 4 health insurance plan pursuant to subsection 1 from moneys 5 appropriated to the department. 6 Sec. 23. NEW SECTION . 456A.13A Full-time officers —— health 7 insurance. 8 1. a. Notwithstanding any provision to the contrary, 9 full-time officers as defined in section 456A.13 that are not 10 covered under a collective bargaining agreement who were at 11 any time eligible to be enrolled in the group health insurance 12 plan that is negotiated under chapter 20 between the state 13 and the state police officers council labor union and who 14 elect to participate in a group health insurance plan provided 15 by the state, shall only be permitted to participate in the 16 group health insurance plan that is negotiated under chapter 17 20 between the state and the state police officers council 18 labor union for full-time officers subject to the requirements 19 of this subsection. In addition, a full-time officer who 20 was covered under a collective bargaining agreement and who 21 becomes a manager or supervisor and is no longer covered by 22 the agreement shall not lose group health insurance benefits 23 as provided by the agreement. 24 b. Notwithstanding any provision to the contrary, a 25 full-time officer participating in the group health insurance 26 plan pursuant to paragraph “a” shall have the option, upon 27 retirement, to continue participation in the group health 28 insurance plan pursuant to section 509A.13 subject to the 29 requirements of this section. However, a full-time officer who 30 was not covered under a collective bargaining agreement and not 31 participating in the group health insurance plan as provided by 32 this section at the time of retirement shall not be allowed to 33 participate in the group health insurance plan negotiated under 34 chapter 20 between the state and the state police officers 35 -17- S 3158.2479 (3) 89 as/rh 17/ 35

council upon retirement. 1 2. The department shall calculate the savings to the 2 department for full-time officers employed in the law 3 enforcement bureau of the department who are participating in 4 the group health insurance plan pursuant to subsection 1. The 5 department shall transfer to the state fish and game protection 6 fund created in section 456A.17 from moneys appropriated to the 7 department an amount equal to the savings calculated by the 8 department. In addition, the department shall be authorized 9 to retain any savings to the department for full-time officers 10 who are not employed in the law enforcement bureau of the 11 department participating in the group health insurance plan 12 pursuant to subsection 1 from moneys appropriated to the 13 department. 14 Sec. 24. GROUP HEALTH INSURANCE PLAN REPORTING —— STATE 15 POLICE OFFICERS COUNCIL. Prior to July 1 of each calendar 16 year, if group health insurance is offered to employees who 17 are not covered by a collective bargaining agreement, the 18 provider of the group health insurance plan negotiated under 19 chapter 20 between the state and the state police officers 20 council labor union shall submit a report to the state police 21 officers council and the departments of public safety and 22 natural resources necessary for purposes of complying with 23 the requirements of sections 80.6A and 456A.13A. The report 24 shall include usage statistics that separately account for 25 employees in the group health insurance plan covered by a 26 collective bargaining agreement negotiated by the state police 27 officers council and those employees that are not covered 28 by a collective bargaining agreement and shall include any 29 information that led to any premium rate increase or decrease 30 for the following calendar year. 31 Sec. 25. EFFECTIVE DATE. This division of this Act, being 32 deemed of immediate importance, takes effect upon enactment. 33 Sec. 26. RETROACTIVE APPLICABILITY. The following applies 34 retroactively to January 1, 2021: 35 -18- S 3158.2479 (3) 89 as/rh 18/ 35

The portion of the section of this division of this Act 1 enacting section 80.6A, subsection 1, paragraph “b”. 2 DIVISION VII 3 WORKERS’ COMPENSATION DISABILITY MEDICAL BENEFITS 4 Sec. 27. Section 97A.6, subsection 11, Code 2021, is amended 5 to read as follows: 6 11. Pensions offset by compensation benefits. 7 a. Any amounts which may be paid or payable by the state 8 under the provisions of any workers’ compensation or similar 9 law to a member or to the dependents of a member on account of 10 any disability or death, shall be offset against and payable 11 in lieu of any benefits payable out of the retirement fund 12 provided by the state under the provisions of this chapter on 13 account of the same disability or death. In case the present 14 value of the total commuted benefits under said workers’ 15 compensation or similar law is less than the present value 16 of the benefits otherwise payable from the retirement fund 17 provided by the state under this chapter , then the present 18 value of the commuted payments shall be deducted from the 19 pension payable and such benefits as may be provided by the 20 system so reduced shall be payable under the provisions of this 21 chapter . 22 b. Notwithstanding paragraph “a” , any workers’ compensation 23 benefits received by a member for past medical expenses or 24 future medical expenses shall not be offset against and not 25 considered payable in lieu of any retirement allowance payable 26 pursuant to this section on account of the same disability. 27 c. Notwithstanding paragraph “a” , any workers’ compensation 28 benefits received by a member for reimbursement of vacation 29 time used, sick time used, or for any unpaid time off from work 30 shall not be offset against and not considered payable in lieu 31 of any retirement allowance payable pursuant to this section on 32 account of the same disability. 33 Sec. 28. Section 97B.50A, subsection 5, Code 2021, is 34 amended to read as follows: 35 -19- S 3158.2479 (3) 89 as/rh 19/ 35